Same day reply and hearing violates Natural Justice; Allahabad HC quashes GST assessment order passed without hearing
In the case at hand, it was alleged that the date of personal hearing and the date of filing a reply are the same.
In the case at hand, it was alleged that the date of personal hearing and the date of filing a reply are the same.
In the case at hand, the Chandigarh Housing Board rejected jhuggi dwellers’ claim for allotment of flat under the Chandigarh Small Flats Scheme, 2006 without giving them opportunity to be heard.
“The Court cannot ignore the feelings of the first wife and allow a Muslim man to march over her, for registering his second marriage, without notice to the first wife.”
“It is a settled proposition of law that whenever any stigmatic order is passed against a person, which causes stigma on his career in future, it is bounden duty of the authority concerned to provide him opportunity of hearing, before passing such an order.”
“Even while passing administrative order having civil consequences, the reasons are not only to be recorded but are to be supplied to the affected parties.”
The Court held that the petitioner’s termination was based on a misapplication of the policy, as no qualified ST candidate was available, and therefore, no preference could have been applied.
The Court held that the de-empanelment order was issued in contravention of natural justice principles due to the lack of proper notice and opportunity for the petitioner to respond.
The Calcutta High Court determined that the termination, despite being framed as simpliciter, was based on respondent’s alleged misconduct.
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